There are two fundamental and current cases in constitutional law, see:
Thornhill v. Alabama 310 U.S. 88 (1940) said that protest and picketing is a right of expression in complete agreement with the First and Fourteenth Amendments ... allows the regulated activity is what has been interpreted according to the Doctrine of access available: the picket line can not close all entrances to the site in question.
does not prohibit demonstrations at the main entrance as long as secondary inputs ...
A second case clearly establishes the legal incapacity of government to restrict the rights associated with the Bill of Rights known as the Law of expression includes the right to protest The Right to self-assembly (which includes the right to exgir remedies) and the right to free association (which includes the right to hold public activities motivated by issues of public and legitimate), among others:
West Virginia State Board of Education v. Barnette. 319 U.S. 624 (1943)
"The Fourteenth Amendment, as applied to the states, protects the citizen against the state itself and all its creatures ... They have, of course, functions important, delicate, and highly discretionary, but none that can not be done within the limits of the Bill of Rights ... The very purpose of a Bill of Rights is to withdraw certain subjects from the vicissitudes of the dispute policy, putting them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. The right to life, liberty, and property, free speech, free press, freedom of faith and assembly, and other fundamental rights can not be put to vote, nor depend on the outcome of no Elections ... The right of a state to regulate, for example, a utility may well include, as it relates to due process, the power to impose all restrictions that a legislature may have a rational basis for adopting. But freedoms of speech and press, assembly, and faith-based can not be infringing in such weak arguments. They are susceptible of restriction only to prevent grave and immediate danger to the interests the state may lawfully protect ... It seems trite but necessary to say that the First Amendment of our constitution was designed to avoid these ends by avoiding these principles. There is no mysticism in the American concept of the state or the nature or origin of its authority. Create the rule by the consent of the governed, and the Bill of Rights denied to those in power any legal opportunity to force their consent. The authority here should be controlled by public opinion, not public opinion by authority ... If there is any fixed star in our constellation Constitution, is that no official, high or small, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion ... if there are some circumstances that permit an exception, not happen to us. "
Applicable law:
United States Constitution
First Amendment:
Congress shall make no law regarding the establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or the press, or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.
Fourteenth Amendment:
Section 1. All persons born or naturalized in the United States and therefore subject to such jurisdiction, a citizen of the United States and the State wherein they reside. No State may establish or enforce laws that limit the privileges or immunities of citizens of the United States, nor podrá ningún Estado privar a una persona de su vida, libertad o propiedad, sin un debido proceso legal; ni negar a persona alguna dentro de su jurisdicción la protección legal igualitaria.
Constitución del Estado Libre Asociado de Puerto Rico
Artículo II.
Sección 4. Libertad de palabra y de prensa; reunión pacifica; petición para reparar agravios.
never pass any law restricting freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievances.
Section 6. Freedom of organization.
People may associate and organize freely for any lawful purpose ...
Section 7. Right to life, liberty and the enjoyment of property, death penalty will not exist, due process, equal protection of laws; impairment of contracts, property exenta de embargo.
Se reconoce como derecho fundamental del ser humano el derecho a la vida, a la libertad y al disfrute de la propiedad. No existirá la pena de muerte. Ninguna persona será privada de su libertad o propiedad sin debido proceso de ley, ni se negará a persona alguna en Puerto Rico la igual protección de las leyes…
Sección 8. Protección contra ataques a la honra, a la reputación y a la vida privada.
Toda persona tiene derecho a protección de ley contra ataques abusivos a su honra, a su reputación and private or family life.
output Note .- Framed in Egypt processes at different levels have heard Obama President and Secretary of State Hillary Clinton to reiterate the fundamental principles we have reviewed and fully applicable to Puerto Rico:
President Obama:
"[T] he government must restrain ... of violence against peaceful demonstrators rights ..."" People universal free assembly, free association and freedom of expression "
Secretary of State Hillary Clinton on the protests:
" [T] he government has an important opportunity ... to respond to the needs and legitimate interests of the people ... authorities should not prevent peaceful protests ...". (Washington Post, Wednesday, 26/01/1911)
Just in the Declaration of Independence of the United States found an excellent example of the moral principles that individuals justify rebellion, see:
We hold these self-evident truths: that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness ... But when a long train of abuses and usurpations, pursuing invariably the same Object evinces the purpose of subjecting them under absolute Despotism, it is their right, it is their duty, to throw off such government and provide new Guards for their future security .
0 comments:
Post a Comment